you have every right to attend whatever deposition you want.” Cliff decided that suffering through his own deposition was more than sufficient. Cliff’s deposition was taken at Barbutti’s office. Harris was ushered into a large conference room where numerous strangers were in attendance. He felt as if he had been called before a congressional committee. The first to speak was the videographer. He read the details of the prodedures involved. The court reporter said, “Doctor, would you raise your right hand.”
Dr. Harris, somewhat overwhelmed by the formality, did so and was sworn.
The videographer said, “Would the attorneys like to identify themselves for the record, please.”
“Vincent Barbutti for Marilyn Wallberg.”
“Betty Wu for Dr. Clifford Harris.”
“Paul Stuart for Dr. Sanjay Madhava.”
“Thomas Luria for Barrington Community Hospital.”
“Thank you,” said the videographer.
Vincent Barbutti said, “Dr. Harris, may I have your full name please?”
“Clifford Brian Harris.”
“You are a general surgeon?”
“Yes.”
“Your medical school, Doctor?”
“Northwestern University.”
“Residency was taken where?”
“Illinois Research Hospital.”
“Are you Board Certified in surgery?”
“Yes.”
“Your hospital affiliations, Doctor?”
“Just one. Barrington Community Hospital.”
“Have you spoken to anyone about this case?”
“Yes.”
“Who?”
“My attorney, and of course my wife knows.”
“I mean anyone besides those two.”
“No. No one.”
“Doctor, I would like to ask whether you have reviewed any documents in connection with your deposition today?”
“Yes.”
“What records have you reviewed?”
“The patient’s chart.”
“Victor Wallberg’s chart?”
“Yes.”
“When you reviewed the chart, doctor, did you find that you had second thoughts about the use of heparin?”
“None.”
“Would you have met the standard of care if you did not use heparin?”
“I don’t understand,” Cliff replied.
“Objection to this line of questioning as to relevancy and form,” said attorney Wu.
“Join,” said attorney Stuart.
Barbutti quickly added, “You can still answer the question, doctor.”
Dr. Harris turned to Betty Wu, his eyebrows lifted as if to say what do I do now? Then he turned to Attorney Barbutti, and said, “I don’t understand why I’m being asked a question about what I didn’t do. Clearly I gave heparin convinced in my mind that I was doing the right thing. If you’re asking me about another physician’s action, my answer would be, I don’t know what any other physician would do.”
Barbutti said, “I understand in medicine that there may be many different methods to treat each patient for a specific illness. I just want to know if this applies here.”
“I’ll say again, I don’t understand the relevance. Don’t you have to prove that my treatment did not meet the standard of care for this case? That’s what I thought this was all about. I’m well prepared to defend my action, not to discuss what another doctor may have done under similar circumstances.”
Barbutti was not to be deterred. “Do you think it would have been proper not to use heparin on Mr. Wallberg.”
“I thought I just answered that.” Cliff had become irritated and it showed.
“The question calls for a simple yes or no, doctor.”
Testily, Cliff replied, “I don’t care how many times or how many ways you ask the same question. My answer will be the same. I did what I had to do, and what I did met the accepted standard of care.”
Barbutti realized he was at an impasse; there was no way Dr. Harris was going to admit that no heparin would also be appropriate in Wallberg’s treatment thus opening up doubt in the jurors’ minds. He would have to change tactics and open up another line of questioning, perhaps returning to this issue at a later and unexpected time. “Tell me, doctor, about the argument you had with the anesthesiologist Dr. Sanjay Madhava.”
“Objection,” said attorney Stuart. I object to form. The question is argumentative.”
“Same objection,” said attorney Wu.
“Join,” said Attorney Luria.
“You can answer, doctor.” Barbutti said.
“I did not have an argument with Dr. Madhava.”
“But you insisted he give heparin to your patient when he didn’t want to.”
“Yes, I would say he was reluctant to do so, but when I explained to him the necessity, he gave it.”
“Are you saying he didn’t know anything about DIC?”
“You just said it. I didn’t.”
“But did he know anything about it?
“Objection,” said attorney Stuart.
“Join,” said attorney Wu.
“You must have an opinion about that, doctor,” Barbutti persisted.
“I do. Neither Dr. Madhava nor I are experts on DIC. Thank God I have only been subjected to this deadly condition about three times as I can recall. One was a patient in severe septic shock following trauma, the other was a patient with a metastatic malignancy, and the third was Mr. Wallberg. But I remembered exactly what had to be done in order to attempt to reverse this process. I did it. And Dr. Madhava to his credit followed my instructions. Also to his credit he demanded a reason to use heparin and when I gave it he complied. So if you want to characterize that as an argument, there’s nothing I can
